ENFORCE30037

• Permit No: C1989074
• IBM Index Class Name: Enforcement
• Doc Date: 7/3/1993
• Doc Name: CERTIFIED RETURN RECEIPT
• Violation No.: CV1993055
• Media Type: D
• Archive: No

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STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Depanmenl o(Natural Resources
1313 Sherman SI., Room 215
Denver, CO 60203
Phone: [phone]
FAX:[phone]
Justification of Settlement Agreement
for
Notice of Violation Number C-93-055
Rimrock Coal Company
Rimrock Strip Mine-Permit Number C-89-074
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Roy Romer
Governor
Michael B. Long
Division Dvecror
An Assessment Conference was convened to consider NOV No. C-93-055
on Wednesday, June 16, 1993 at 1:00 PM at 1313 Sherman Street, Room
719, Denver, Colorado. in attendance at this conference were Mr.
Mark P. Kerr of Landmark Reclamation, Inc., Mr. Dan Hernandez of
the Division of Minerals and Geology, and Mr. James B. McArdle of
the Division of Minerals and Geology, Active and Inactive Mine
Program and presiding Assessment Conference Officer.
Notice of Violation Number C-93-055 was written by Mr. Joseph J.
Dudash on April 15, 1993. This Notice of Violation was issued for
failure to include Landmark Reclamation, Znc., Nurseries, Inc., and
Randall and Blake, Inc. and owners and controllers of these
corporations, along with other coal operations they control, in the
Identification of Interests section of the permit application.
Failure to demonstrate that persons or entities which own or
control the applicant or operator do not own or control operations
which currently have unabated violations of federal or state laws
or regulations pertaining to environmental protection incurred in
connection with any surface coal mining operation. Corrective
actions required submittal of a complete technical revision
application identifying Landmark Reclamation, Inc. as operator and
updating section 2.03.4. Also, it was required that the technical
revision include the information required by rules 2.03.5 (1), (2)
and (3) and the proof required by rule 2.07.6 (1)(b) with respect
to Landmark Reclamation, Inc., Nurseries, Inc. and Randall and
Blake, Inc.
Mr. Dan Hernandez provided a short discussion of the failure to
include Landmark Reclamation, Inc. as operator. Mr. Mark Kerr
stated that Landmark Reclamation, Inc. was not an operator but
should be considered to be a contract miner, therefore, there was
no violation. Also, Mr. Kerr presented information obtained from
the State of Oklahoma, Department of Mines regarding Randall and
Blake and the status of past violations.
After some discussion, I, James B. McArdle, concluded that the
Notice of Violation was justified due to the fact that by
definition, Landmark Reclamation, Inc. is the operator, however, I
reduced the civil penalty to $250.00 in order to place it at the
low end of seriousness. This reduction is based upon additional